Mandatory vaccine: which Australian workers must get Covid jab

Australia’s major employers share their policies and views on mandatory Covid vaccination and who will need to get a jab.

Aussie employers will be following SPC with interest after the fruit and vegetable processor announced mandatory vaccinations for its workers on Wednesday.

The Victorian-based cannery has given staff and contractors six weeks to schedule their first vaccine dose or risk not being allowed to work.

They are the second known Australian employer to introduce such a policy without government direction, after Brisbane-based Alliance Airlines in March.

It follows similar moves by international companies Google, Facebook and Netflix.

Speaking after a National Cabinet meeting on Friday, Prime Minister Scott Morrison said the federal and state governments did not intend to create any special laws for businesses seeking to deny access to a premise or service based on a person’s vaccination status.

“Ultimately employers need to consider these matters and make their own decisions, remembering we do not have a mandatory vaccination policy in this country,” he said.

“(Employers might want to make such rules for) people like airline workers, where they are coming in contact with people carrying the virus (or those) working with people who are vulnerable …(or) those who may be public-facing in their day – public retail, supermarkets, essential occupations where there is a lot of contact.

“These are all legal decisions that have to pass a reasonable test and (are) ultimately decided by the courts, and employers need to consider those matters very carefully if they are looking to make directions of that nature.”

Prime Minister Scott Morrison after the National Cabinet meeting. Picture: NCA NewsWire / Gary Ramage

Mr Morrison said the Solicitor-General – Dr Stephen Donaghue QC – advised it was unlikely a person could argue they were discriminated against if they were not hired or lost their job because they were unvaccinated, as this was unlikely to be related to any protected attributes.

These attributes include age, disability, race, sex, intersex status, gender identity and sexual orientation.

While SPC’s announcement of a mandatory vaccination policy for its workers may embolden other Australian companies to adopt similar policies in the future, currently only a small portion of Australian workers are being told to get the jab.

This is where things stand:

WHO MUST BE VACCINATED BASED ON GOVERNMENT DIRECTIONS

In June it was announced that residential aged care workers must have received at least the first dose of a Covid-19 vaccine by mid-September.

At that stage, just over a third of residential aged care workers were reported to have received at least one shot.

Some state governments have also introduced mandatory vaccine policies for specific occupations.

In NSW, some quarantine facility, transport and airport workers can only enter an airport or quarantine facility, or provide services including transportation services, if they have received at least the first dose of a Covid-19 vaccine

In QLD, vaccination is mandatory for some health service employees, Queensland Ambulance Service employees, and hospital and health service contractors.

It is also mandatory in WA for people working in the state’s hotel quarantine system, including security personnel, cleaners and hotel staff, medical and health staff, and Australian Defence Force personnel and WA police.

EMPLOYERS WITH THEIR OWN POLICIES

SPC has made the vaccine compulsory for anyone working at – or visiting – its Shepparton cannery.

Chairman Hussein Rifai said lockdowns were not a sustainable solution and the Australian economy needed to open up again.

SPC chairman Hussein Rifai says vaccinating workers is the right thing to do. Picture: Ryan Osland

“The Delta variant poses a significant threat to our people, our customers and the communities we serve. The only path forward for our country is through vaccination,” he said.

“As a company, we believe it is the right thing to do and we must go further to minimise risk and to protect the people we care about from the Delta variant.”

Alliance Airlines – operating out of Brisbane, Adelaide, Cairns, Melbourne, Perth, Townsville, Darwin and Rockhampton – introduced mandatory vaccination for staff in March and chief executive Lee Schofield recently told News Corp it had received an overwhelmingly positive response.

“There is an understanding that the only way out is vaccination,” he said.

“I don’t think anyone loves getting a needle but it’s essential.

“Now, reassuringly, we are starting to see other workplaces, including our customer base, following that and I think it will become the norm.”

WHAT OTHER EMPLOYERS ARE SAYING

Many companies promote vaccination and encourage their staff to get the jab, but stop short of suggesting it should be mandatory.

KPMG Australia chief executive Andrew Yates said the business advisory had been told they could not legally introduce such a policy.

“We are not allowed to mandate, that’s the advice I have been given,” he said.

“But I’m supportive of as many people as possible getting the vaccine and if that was mandated by the government, we would comply with that.

“I would support a vaccination passport. One of the biggest motivators for getting the vaccine will have to be the different way that life can carry on if you are vaccinated or not vaccinated.”

KPMG chief executive Andrew Yates supports the idea of a vaccination passport. Picture: John Feder/The Australian.

BDO chief executive partner Tony Schiffmann also expected a form of vaccination passport would be part of the plan going forward.

“As a service-based industry, a ‘Proof of Vaccination’ will become a requirement for many of the clients that we work for and we will need to respond,” he said.

Mr Schiffmann did not suggest mandating vaccination for staff.

“Access is key,” he said.

“Making it easy for people to get their vaccine is a dimension to this issue that needs attention in Australia.

“Maybe we need some lateral thinking here, set up some mobile vaccination vans, availability through chemists or even a clinic set up in the Bunnings carpark would provide easy access and increase the take-up significantly.”

BDO’s Tony Schiffmann expects proof of vaccination will be a requirement for many workers. Picture: Supplied

A spokeswoman for Wesfarmers – which owns Bunnings, Kmart and Officeworks – said a rapid acceleration of vaccination was the only long-term solution to dealing with Covid.

“We are offering paid leave across our Group to our permanent team members if it is easier for them to get vaccinated during working hours,” she said.

“We are also encouraging Government to prioritise vaccines for essential retail workers.

“It is premature to consider mandatory vaccinations as not everyone has yet had the opportunity to be vaccinated.”

Supermarket giants Woolworths and Coles also did not suggest mandatory vaccination for staff.

In an email to customers, Woolworths chief executive Brad Banducci said he had just had his second AstraZeneca shot, and that full-time and part-time team members would receive up to eight hours of paid leave to receive their vaccination.

“We are advocating for all our teams to be vaccinated as soon as possible – as and when supply allows – and remain committed to playing our part in supporting vaccination efforts across the broader community wherever we can,” he said.

Coles is also providing access to paid personal leave while attending vaccination appointments.

“In line with that advice, Coles regularly encourages all team members across our business to be vaccinated against Covid as soon as they can, including encouraging them to share selfies under the hashtag #GetTheJab with their colleagues once they have been vaccinated,” a spokesperson said.

Coles is among many employers offering staff paid leave to get vaccinated. Picture: Tim Carrafa

Commonwealth Bank and Westpac have similar vaccination leave policies.

More than 2500 Westpac employees have already taken up the offer.

“While encouraged, vaccination will not be mandated at CBA as we believe this is a matter of informed consent for our people to make their own decisions about getting vaccinated,” a Commonwealth Bank spokesperson said.

The jab would also not be compulsory for employees at professional services firm PwC Australia.

Or for delivery riders contracted through food delivery company Deliveroo.

“As independent contractors, Deliveroo cannot direct, control or mandate riders to be vaccinated against Covid-19, unless mandated by law,” a spokesperson said.